주채무자에 대한 회생절차와 보증채무의 소멸시효

초록

This article deals with the effect of rehabilitation procedure of a principal obligor on the statute of limitation of a surety's liability. The Supreme Court of Korea have ruled that ① when the progress of the statute of limitation for principal obligation is stalled in the rehabilitation procedure, the progress of the statute of limitation for surety obligation is also stopped; ② in case where the claim of a creditor is entirely or partially exempted by the rehabilitation plan, the statute of limitation for surety obligation starts to progress upon the conformation of the rehabilitation plan; ③ regarding the claim of a creditor that is not exempted by the rehabilitation plan, the statute of limitation starts to progress upon court order closing the procedure. This article agrees with ①, ③, but disagrees with ②. This article suggests that it is better for the Supreme Court of Korea to hold that in case where the claim of a creditor is partially exempted by the rehabilitation plan, the statute of limitation for corresponding surety obligation starts to progress upon court order closing the procedure, along with the statute of limitation for surety obligation corresponding the principal obligation that is not exempted.

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